For decades, a Louisiana will could be thrown out over a detail as small as a signature in the wrong spot. That changed on August 1, 2025.

Louisiana has always let people decide who gets their property, but it demanded they follow the rules for making a will to the letter. Miss one, and the whole will could be declared null, even when everyone knew exactly what the person wanted. Courts struck down wills over how the date was written, where the signature landed, or the exact wording of a closing paragraph.

With Act 30 of 2025, the Legislature rewrote those rules to put what you meant ahead of technical perfection. Here’s a plain-English look at what changed, drawn from a recent Louisiana Law Review analysis, and what it means if you have a will or are thinking about making one.

Louisiana recognizes two kinds of wills

Louisiana allows only two forms of will, and the 2025 law changed both:

• Olographic will: written entirely by hand by the person making it. No notary or witnesses needed.
• Notarial will: usually typed, and signed in front of a notary and two witnesses

The state cut the number of forms from five to two back in 1999, but each form still carried plenty of traps. The 2025 reform goes after those traps directly.

Handwritten wills: the date and signature got easier

A handwritten will must still be entirely written, dated, and signed in your own hand. What changed is how strictly courts judge the date and the signature.

The date. Under the old rules, you needed the day, month, and year. In one 1962 case, a court even rejected a will dated “10/3/50” because the slash date was considered uncertain. Now a date is good enough if it settles whatever question the date actually matters for, such as which of two wills came last. If there’s only one will, month and year may be enough. Even a phrase like “written on our 30th wedding anniversary” can work, since the exact day can be proven. You still need some kind of date, though.

The signature. You used to have to sign at the very end, and anything written below your signature could be thrown out. Now the signature can appear anywhere, as long as it identifies you and shows you meant the document to be your will.

Notarial wills: fewer ways to get it wrong

A notarial will still has to be in writing, dated, and signed by you, the notary, and two witnesses, all together. But several requirements that used to sink wills no longer affect whether the will is valid.

he attestation clause is the biggest change. That’s the paragraph signed by the notary and witnesses confirming the will was properly executed. Courts had voided wills when its wording strayed from the statute. The Legislature pointed to a 1973 Louisiana Supreme Court case holding that the clause is evidence, not a core requirement.

Valid isn’t the same as easy to probate

Here’s the catch: a will that is technically valid can still be harder and slower to probate if it isn’t done carefully. A will has no effect until a court probates it.

The new law moved several old rules out of the “is this will valid?” category and into the “does this will prove itself?” category. A self-proving notarial will can go through probate without anyone having to track down witnesses. To be self-proving, the will must meet two conditions:

1. You sign every page when the will is executed.
2. The will includes a declaration, either inside it or in an attached affidavit, stating that you declared it to be your will and signed each page in front of the notary and witnesses.

Skip those steps and the will is still valid. But your family may need the notary and witnesses, or two other credible witnesses, to come forward and prove it. Handwritten wills are never self-proving and always need two credible witnesses to confirm your handwriting.

In other words, the old formalities are no longer traps, but they’re still the smart way to do it.

What about wills signed before August 2025?

The Legislature said the new rules apply to older wills too, though they can’t reopen closed successions or revive claims that have already expired. That part is still unsettled.

The concern is fairness to heirs. Under Louisiana law, heirs’ rights lock in at the moment of death. If an old will would have failed under the old rules, the relatives who would have inherited without it may argue the new law takes away something they already had.

A 2024 Louisiana Supreme Court decision, Bienvenu v. Defendant 1, suggests courts will ask whether a retroactive law serves a legitimate government purpose, not just whether it disturbs someone’s rights. Honoring what people actually intended may well clear that bar, but the courts haven’t ruled on it yet. If you’re dealing with an older will, talk to an attorney.

What this means for you

• Fewer wills will fail on technicalities. That’s good news for families across Louisiana.
• Doing it right still saves your family time and money. A properly executed, self-proving notarial will spares your loved ones from hunting down witnesses during probate.
• Handwritten wills are more forgiving now, but not foolproof. They still need a date, your signature, and two people to vouch for your handwriting later.
• Old will? Get it reviewed. Whether the new rules apply to it may depend on how the courts rule.

 

At Notary Mark La, I make sure the signing is done the right way, with every page signed, the witnesses present, and the paperwork complete, so your will is ready for probate when your family needs it. Get in touch to schedule an appointment.